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National Coalition for Men v. Selective Service System
U.S. court case ruling that male-only military conscription is unconstitutional / From Wikipedia, the free encyclopedia
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National Coalition for Men v. Selective Service System was a court case that was first decided in the United States District Court for the Southern District of Texas on February 22, 2019, declaring that requiring men but disallowing women to register for the draft for military service in the United States was unconstitutional. The ruling did not specify which actions the government needed to take to resolve the conflict with the constitution (e.g., whether to abolish the draft registration requirement or apply it in a gender-neutral manner).[1] That ruling was reversed by the Fifth Circuit.
National Coalition for Men v. Selective Service System | |
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Court | United States District Court for the Southern District of Texas |
Full case name | National Coalition for Men, et al. v. Selective Service System, et al. |
Decided | February 22, 2019 (2019-02-22) |
Docket nos. | 4:16-cv-03362 |
Defendants | Selective Service System; Donald Benton, as Director of Selective Service System |
Counsel for plaintiffs | Marc Angelucci |
Plaintiffs | National Coalition for Men; James Lesmeister, individually and on behalf of others similarly situated; Anthony Davis |
Holding | |
Requiring only men to register for the draft violated their Fifth Amendment right. | |
Court membership | |
Judge sitting | Gray H. Miller |
Case opinions | |
Transcript |
National Coalition for Men v. Selective Service System | |
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Court | United States Court of Appeals for the Fifth Circuit |
Full case name | National Coalition for Men, et al. v. Selective Service System, et al. |
Decided | August 13, 2020 |
Docket nos. | 19-20272 |
Holding | |
The district court's judgment is reversed because it directly contradicts the Supreme Court’s holding in Rostker v. Goldberg, 453 U.S. 57, 78–79 (1981), and only the Supreme Court may revise its precedent. | |
Court membership | |
Judges sitting | Jacques L. Wiener Jr., Carl E. Stewart, and Don Willett |
Case opinions | |
Opinion | |
Per curiam |
In June 2021, the U.S. Supreme Court declined to review the decision by the Court of Appeals.[2] In an opinion on supporting the denial, Justice Sonia Sotomayor, joined by Justices Stephen Breyer and Brett Kavanaugh, stated that while there was a constitutional argument about discrimination on sex on the current draft, they agreed to decline because Congress was actively evaluating removing the male-only requirement of the draft through the 2016 Commission, and that "the Court's longstanding deference to Congress on matters of national defense and military affairs cautions against granting review while Congress actively weighs the issue".[3]